By Tracy Neal, Open Justice reporter of 
Kyle Walters was jailed for 18 months in prison for domestic violence, with a concurrent six-month term for breaching a domestic violence order. File photo. Photo: 123rf.com
- Serial family violence offender Kyle Walters will be deported from Australia to New Zealand
- Walters was sentenced to 18 months in an Australian prison for a violent domestic assault in which the victim escaped after arming herself with a knife
- Australian authorities deemed he is a "serious risk" due to his history of domestic violence offences
A man who grabbed his partner by the throat, "lined her up", and then delivered a series of savage blows is about to be shipped back to New Zealand from Australia, the country he has called home for the past 10 years.
Kyle Walters has failed to convince Australian authorities he is a worthy citizen and his efforts to reverse a decision that cancelled his visa have failed.
The cancellation in December 2023, when the 49-year-old was deemed to have failed a character test, followed his sentencing in July that year to 18 months in prison for domestic violence, with a concurrent six-month term for breaching a domestic violence order.
Days after the cancellation, he sought to have the decision reversed.
In September 2024, Walters lodged an application with the Australian Administrative Review Tribunal for a review of the decision not to revoke the mandatory cancellation.
Authorities concluded Walters' history of domestic violence offences posed a "serious risk" of harm to individuals and to the wider Australian community should he re-offend.
"This harm encompasses both physical and psychological injury to his potential victims, as well as the demand on police, court and government resources that would be required to address such offending," the tribunal said.
"A particular concern is his persistent pattern of blaming victims while minimising his own culpability."
Walters, who represented himself at the hearing in Brisbane last December, contended he was not a risk in terms of domestic violence offending as he wanted nothing to do with his former partner.
He claimed to be deeply remorseful "every single day" to his victims and not a day passed that he wished he had made the right decisions in life, not only for his family but his ex-partners too.
"I wish I had the tools that I have now. That would have definitely helped me in the past.
"I look at my life back then until now [and] I can honestly say I am a whole different man. I do respect women. I do have remorse every day," Walters said.
The lawyer acting for the respondent, the Minister for Immigration and Multicultural Affairs, said while Walters claimed to have reformed, "similar assertions in the past" had been followed by continued offending.
Walters later contended, as a reason he should be able to remain in Australia, that his family, including three children, needed his financial support, given his former partner's breast cancer diagnosis.
The tribunal said if Walters returned to New Zealand and found a job, there was nothing preventing him providing financial support to his family in Australia.
A history of violence
Walters' offending history was described as "long and extensive", beginning in New Zealand in 2003 and ending in 2014 - before he moved to Australia in 2015 where he has immediate family.
In New Zealand, he accumulated convictions for various offences, including driving, property crimes and breaches of conditions.
His record resumed just over a year after he arrived in Australia, where he carved out a life working in construction and retail food industries and playing social rugby league.
The most serious domestic violence incident happened in December 2022 when Walters assaulted his partner.
This incident involved choking and repeated punches and continued until the victim managed to arm herself with a knife and escape, implying that Walters did not voluntarily cease the attack.
The sentencing judge noted the violence was "not just one blow" but many blows.
He had also grabbed the victim around the throat.
"You lined her up. She was not lined up properly enough. But you then lined her up and continued with your assault."
In reaching its decision, the tribunal noted that his offending had not diminished with age.
It found his offending was "very serious", that the consequences of any future offending were likely to be very serious and that this likelihood was material to the decision.
"Given that much of his nine-year residence has been marked by involvement with the judicial system, particularly for family violence offences, the minister contends that he [Walters] has had limited opportunity to make any positive contributions to Australian society," the decision said.
The tribunal found that Walters would likely face emotional, practical and financial hardships if he returned to New Zealand, as well as risks to his sobriety and his mental health, but these hardships and risks were tempered by his work history and qualifications.
This story originally appeared in the New Zealand Herald.
